Extradition Bill—
Amendments to be debated in the House of Lordscontinued

House of Lords

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Clause 58

 

THE BARONESS SCOTLAND OF ASTHAL

Page 30, line 3, at end insert—
"(5)  But subsection (4) does not apply if—
(a)  the person was extradited for the purpose of being prosecuted for an offence, and
(b)  the person has not been convicted of the offence or of any other offence in respect of which he was permitted to be dealt with in the category 1 territory.
(6)  In a case falling within subsection (5), time during which the person was not in the United Kingdom as a result of his extradition counts as time served by him as part of his sentence only if it was spent in custody in connection with the offence or any other offence in respect of which he was permitted to be dealt with in the territory."
 

Clause 62

 

THE BARONESS SCOTLAND OF ASTHAL

Page 31, line 37, leave out "Part" and insert "Act"
Page 31, line 40, leave out subsection (3)
Transpose Clause 62 to after Clause 204
 

Clause 63

 

THE BARONESS SCOTLAND OF ASTHAL

Transpose Clause 63 to after Clause 204
 

Clause 64

 

THE BARONESS SCOTLAND OF ASTHAL

Page 32, line 38, leave out from "section" to "after" and insert "20(5) has effect as if"
 

Clause 66

 

THE BARONESS SCOTLAND OF ASTHAL

Page 35, line 43, leave out paragraph (b) and insert—
"(b)  a sentence of imprisonment or another form of detention for a term of 4 months or a greater punishment has been imposed in the category 1 territory in respect of the conduct;"
 

Clause 67

 

THE BARONESS SCOTLAND OF ASTHAL

Page 36, line 25, leave out second "an" and insert "a judicial"
Page 36, line 27, leave out paragraph (a)
Page 36, line 29, leave out subsection (3)
 

Clause 69

 

THE BARONESS SCOTLAND OF ASTHAL

Page 37, line 9, leave out subsection (2)
 

Clause 70

 

THE BARONESS SCOTLAND OF ASTHAL

Page 37, line 17, leave out "Order in Council" and insert "order made by the Secretary of State"
 

Clause 72

 

THE BARONESS SCOTLAND OF ASTHAL

Page 38, line 36, leave out "Order in Council" and insert "order made by the Secretary of State"
 

Clause 73

 

THE BARONESS SCOTLAND OF ASTHAL

Page 39, line 15, leave out "and he asks to be shown the warrant"
Page 39, line 16, leave out "request" and insert "arrest"
Page 39, line 23, leave out from "with" to end of line 24 and insert "and the person applies to the judge to be discharged, the judge must order his discharge"
 

Clause 74

 

THE BARONESS SCOTLAND OF ASTHAL

Page 40, line 23, leave out "Order in Council" and insert "order made by the Secretary of State"
 

Clause 75

 

THE BARONESS SCOTLAND OF ASTHAL

Page 41, line 8, leave out "and he asks to be shown the warrant"
Page 41, line 9, leave out "request" and insert "arrest"
Page 41, line 17, leave out from "with" to end of line 18 and insert "and the person applies to the judge to be discharged, the judge must order his discharge"
Page 41, line 38, leave out "Order in Council" and insert "order made by the Secretary of State"
Page 41, line 39, leave out "Order in Council" and insert "order"
 

Clause 76

 

THE BARONESS SCOTLAND OF ASTHAL

Page 42, line 14, leave out "the person must be taken to be discharged" and insert "and the person applies to the judge to be discharged, the judge must order his discharge"
 

Clause 77

 

THE BARONESS SCOTLAND OF ASTHAL

Page 42, line 29, leave out "the person must be taken to be discharged" and insert "and the person applies to the judge to be discharged, the judge must order his discharge"
 

Clause 82

 

THE BARONESS SCOTLAND OF ASTHAL

Page 44, line 23, after "nationality" insert ", gender, sexual orientation"
Page 44, line 26, after "nationality" insert ", gender, sexual orientation"
 

Clause 85

 

THE BARONESS SCOTLAND OF ASTHAL

Page 45, line 45, leave out "Order in Council" and insert "order made by the Secretary of State"
 

Clause 86

 

THE BARONESS SCOTLAND OF ASTHAL

Page 46, leave out lines 10 to 29 and insert "whether the person was convicted in his presence.
(2)  If the judge decides the question in subsection (1) in the affirmative he must proceed under section 88.
(3)  If the judge decides that question in the negative he must decide whether the person deliberately absented himself from his trial.
(4)  If the judge decides the question in subsection (3) in the affirmative he must proceed under section 88.
(5)  If the judge decides that question in the negative he must decide whether the person would be entitled to a retrial or (on appeal) to a review amounting to a retrial.
(6)  If the judge decides the question in subsection (5) in the affirmative he must proceed under section 88.
(7)  If the judge decides that question in the negative he must order the person's discharge."
 

Clause 87

 

THE BARONESS SCOTLAND OF ASTHAL

Page 47, line 24, leave out "Order in Council" and insert "order made by the Secretary of State"
 

Clause 94

 

THE BARONESS SCOTLAND OF ASTHAL

Page 49, line 39, at end insert—
"(5)  In deciding the questions in subsection (2), the Secretary of State is not required to consider any representations received by him after the end of the permitted period.
(6)  The permitted period is the period of 6 weeks starting with the appropriate day."
 

Clause 95

 

THE BARONESS SCOTLAND OF ASTHAL

Page 50, line 9, leave out subsection (3)
 

Clause 96

 

THE BARONESS SCOTLAND OF ASTHAL

Page 50, line 28, at end insert—
"(d)  an offence in respect of which the person waives the right that he would have (but for this paragraph) not to be dealt with for the offence."
 

Clause 100

 

THE BARONESS SCOTLAND OF ASTHAL

Page 51, line 32, leave out subsection (2) and insert—
"(2)  If the person applies to the High Court to be discharged, the court must order his discharge."
Page 51, line 35, leave out subsections (4) to (9)
 

After Clause 102

 

THE BARONESS SCOTLAND OF ASTHAL

Insert the following new Clause—
  "The appropriate day
(1)  This section applies for the purposes of sections 94 and 100 if the appropriate judge sends a case to the Secretary of State under this Part for his decision whether a person is to be extradited.
(2)  If the person is charged with an offence in the United Kingdom, the appropriate day is the day on which one of these occurs—
(a)  the charge is disposed of;
(b)  the charge is withdrawn;
(c)  proceedings in respect of the charge are discontinued;
(d)  an order is made for the charge to lie on the file, or in relation to Scotland, the diet is deserted pro loco et tempore.
(3)  If under section 98(3) or 99(2) the Secretary of State defers making a decision until the person has served a sentence, the appropriate day is the day on which the person finishes serving the sentence.
(4)  If section 126 applies in relation to the request for the person's extradition (the request concerned) the appropriate day is—
(a)  the day on which the Secretary of State makes an order under that section, if the order is for proceedings on the other request to be deferred;
(b)  the day on which an order under section 182 is made, if the order under section 126 is for proceedings on the request concerned to be deferred and the order under section 182 is for the proceedings to be resumed.
(5)  If section 181 applies in relation to the request for the person's extradition, the appropriate day is—
(a)  the day on which the Secretary of State makes an order under that section, if the order is for proceedings on the warrant to be deferred;
(b)  the day on which an order under section 182 is made, if the order under section 181 is for proceedings on the request to be deferred and the order under section 182 is for the proceedings to be resumed.
(6)  If more than one of subsections (2) to (5) applies, the appropriate day is the latest of the days found under the subsections which apply.
(7)  In any other case, the appropriate day is the day on which the judge sends the case to the Secretary of State for his decision whether the person is to be extradited."
 

Clause 103

 

THE BARONESS SCOTLAND OF ASTHAL

Page 53, line 38, at end insert—
"(7A)  If notice of an appeal under section 110 against the decision which resulted in the order for the person's discharge is given in accordance with subsection (5) of that section—
(a)  subsections (6) and (7) do not apply;
(b)  no appeal may be brought under this section if the High Court has made its decision on the appeal."
Page 53, leave out line 42 and insert "that he has ordered his extradition" and insert "or (4) of the order he has made in respect of the person"
 

Clause 113

 

THE BARONESS SCOTLAND OF ASTHAL

Page 58, line 21, after "period" insert "(the relevant period)"
Page 58, line 23, after fourth "the" insert "relevant"
Page 58, line 23, at end insert—
"(2A)  The High Court may extend the relevant period if it believes it to be in the interests of justice to do so; and this subsection may apply more than once.
(2B)  The power in subsection (2A) may be exercised even after the end of the relevant period."
 

Clause 119

 

THE BARONESS SCOTLAND OF ASTHAL

Page 62, leave out lines 28 and 29 and insert—
"(5)  Subsections (6) and (7) apply if the Secretary of State makes an order for extradition subject to a condition under subsection (2).
(6)  If the Secretary of State does not receive the undertaking before the end of the period of 21 days starting with the day on which he makes the order and the person applies to the High Court to be discharged, the court must order his discharge.
(8)  If the Secretary of State receives the undertaking before the end of that period—"
 

Clause 121

 

THE BARONESS SCOTLAND OF ASTHAL

Page 63, line 24, at end insert—
"(za)  when the Secretary of State makes his decision on the claim, if there is no right to appeal against the Secretary of State's decision on the claim;"
Page 63, line 26, after "if" insert "there is such a right but"
Page 63, line 39, leave out subsection (9)

 
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©Parliamentary copyright 2003
16 October 2003